Duhaime's Law Dictionary


Doctrine of Specialty Definition:

A typical requirement in extradition: that the receiving state not prosecute the individual being extradicted but for the offence for which extradition was sought.

Related Terms: Dual Criminality, Extradition, Extradition Crime

In US v Lepine, Justice La Forest of Canada's Suypreme Court used these words;

"(The) doctrine of specialty ... prohibits the requesting state from prosecuting for crimes other than that for which the extradition took place."

In US v Saccoccia, Justice Cynthia Hall wrote, at footnote #6:

"The doctrine of specialty prevents the requesting nation from prosecuting the extradited person for any offenses other than those upon which the surrendering country agreed to extradite."

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